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Indiana Civil & Business Lawyer

A solo lawyer writing about consumer, probate and business related legal issues with an emphasis on Indiana. Such is the general outline but mostly it allows for me to express views on practicing law and legal issues from an Indiana solo attorney's viewpoint.

Post Frequency: 14.7/day

Last Entry: March 01, 2010 at 17:59:00

Georgia Starts Selling Wine Online July 1

Posted on June 30, 2008
So I see in Meeting The Sin Laws Blog's Georgia's wine sales to go online:The Atlanta Journal Constitution reports here that, "[s]tarting July 1, Georgia residents can have any winery ship to them up to 12 cases a year as long as someone 21 or older signs for the shipment...

Getting of Student Loans

Posted on June 30, 2008
It cannot be done, but I suggest reading Shouldn?t you be able to discharge your student loans in a bankruptcy? that I found through The e-Legal Lawyer Blog. Anyone thinking of taking out a student loan needs to think about this.

Open Door Violation in Muncie

Posted on June 29, 2008
From the Muncie Star-Press's Public access counselor says Muncie violated law: "MUNCIE -- The city of Muncie gave The Star Press 'a number of problematic reasons' for denial of access to a proposed street-paving list for 2008, Indiana Public Access Counselor Heather Willis Neal has concluded...

FOIA and Supreme Court: Taylor v. Sturgell, 553 U.S. 2008. Briefly Noted

Posted on June 29, 2008
Taylor v. Sturgell, 553 U.S. 2008 gets reviewed in Case Report - US Supreme Court revives FOI request precluded as res judicata:"The Supreme Court?s decision does not turn on the specific nature of a public right of access, though it did reject an argument that the second requester had a reduced interest in controlling the first reqeuster?s litigation because a duty to disclose is ?owed the public generally...

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Google Search Tips

Posted on June 27, 2008
I think we probably ought to be teaching high schoolers (junior high schoolers?) how to use Google and the other Internet search engines. They are becoming that important. Since we are not and some of us are far, far removed from high school, let me offer Top Search Tips as way to improve your Google searches...

Employment Law: Book Available for Auditing Pre-Employment Screens

Posted on June 27, 2008
The book is not from me. I learned of its existence from BRB's Public Records Blog's Audit Your Pre-employment Screening Practices: "The Safe Hiring Audit, a book available June 23rd, provides a blueprint to evaluate and improve a company's hiring procedures...

How to Get Information on Small Businesses

Posted on June 26, 2008
Something to help both lawyers and business owners. Take a look at Finding Competitive Information for Growing Companies: All early-stage entrepreneurs must address some basic questions in order to grow their businesses. These questions represent the most common strategic research needs of SMEs...

Trade Secrets: Another Case of Departing Employee Problems - Colorado This Time

Posted on June 26, 2008
Green Patent Blog's Court Orders Ex-Xantrex Veep to Stop Solar Inverter Work for Competitor contains a longish report on this case. By now the factual basis ought to be so commonplace as not to need mentioning:Xantrex?s complaint (xantrex.pdf) alleged that Thompson breached his employment agreement by leaving Xantrex and immediately starting employment with AE (the non-compete provision prohibited Thompson from working for any competitor within one year of leaving Xantrex)...

Check Out LexMonitor

Posted on June 25, 2008
One site I added last week was a feed to LexMonitor. Law Firm Web Strategy Blog has this to say about LexMonitor in Lexmonitor is Pretty Cool:The crew over at law blog developer Lexblog have launched a new legal blog aggregator, Lexmonitor. It?s pretty cool! It?s also the type of tool that will help sell RSS technology within the legal industry...

Consumer Law: Good Advice Dealing with Debt Collectors

Posted on June 25, 2008
The following is from Berger Legal, P.C. Employment Law Ledger's Responding to Debt Collection: ? Respond in a timely manner to any demand letters you receive;? Dispute in writing any debt that you believe is erroneous;? If you can't pay a bill in full, pay as much as you can;? Contact the creditor and try to arrange a payment plan that you can afford; and? Contact counsel as soon as possible if you receive any 'final demands', threats of litigation or are sued...

Online Resource for Businessees: Small Biz Survival

Posted on June 25, 2008
Not me but Small Biz Survival. The blog even gives a guided tour. Which I think is brilliant and something I might add to this blog. Good practical advice. Check it out.

FTC Revising its Business Opportunties Rule

Posted on June 24, 2008
If you are selling or buying a business opportunity, take a look at FR Doc E8-13899: "SUMMARY: In a Federal Register notice published on March 26, 2008,\1\ the FTC requested comment on its Revised Notice of Proposed Rulemaking (``RNPR'' or ``Notice'') in connection with the Business Opportunity Rule...

More Surprises in Premier Bankruptcy

Posted on June 23, 2008
The Indianapolis Business Journal reports that Ron White cannot be found to be arrested:Local law enforcement officials plan to cast a wider net in their quest to track down and arrest Christopher P. White, the founder of defunct developer Premier Properties USA Inc...

Employment Law: Supreme Court Latest Age Discirmination Case

Posted on June 23, 2008
Jackson Lewis's Supreme Court Rules Employers Bear Burden of Proving Reasonableness of Employment Policies and Actions contains good advice for employers:"Nevertheless, in its June 19th decision, the Supreme Court ruled that the employer must not only produce evidence supporting the reasonable factors other than age defense, but also must persuade the factfinder of its merit...

Updates on The Blog

Posted on June 23, 2008
Long term readers might notice some changes made over the past few days. Those who are new, please take a look around. My goal here was to share as much legal information as possible.First, the look got changed more by accident than by design. Blogger added the capability to add blog feeds instead of just links...

Employers DO NOT Dawdle Dealing With Sex Harassment Claims

Posted on June 22, 2008
No action or even tardy action costs. Take a look at HRLegalNews.com's Same-sex harassment costs company big:A male employee claimed he was sexually harassed by his male supervisor. After he made several complaints, the alleged harasser was demoted and moved to a different department...

Increase in Federal Minimum Wage Goes to $6.55

Posted on June 22, 2008
Thanks to Labor Law Center Blog's Federal Minimum Wage Goes to $6.55 because I forgot there would be an increase this year."On July 24 2008, the federal minimum wage will increase by 70 cents from $5.85 per hour to $6.55 per hour. The federal wage affects every employer with annual revenue over $500,000 per year, and those who engage in interstate commerce...

Blogging Employees - Is Your Company Prepared for Them?

Posted on June 21, 2008
Even if you think you are, you need to read HRTechNews.com's What!? Company liable for employee?s personal blog? :"An employee at software firm Cisco wrote an anonymous blog, which he used to criticize patent lawyers. He stepped over the line when he wrote particularly disparaging comments about two attorneys involved in a suit against Cisco...

Garden Leave - When to Use

Posted on June 20, 2008
Following up on my , let us go over when to use a gardening leave clause. I read the materials available on garden leave as presupposing a salaried or hourly employer rather than a person paid on commission. Take for an example Gardening leave from Biocrawler:"For example, the term is frequently used in Formula One motor racing to describe what happens when valued techical (sic) staff choose to move between teams...

It's Summertime and Time for Small Businesses Checkups

Posted on June 19, 2008
lexisONE(R) reprinted Small Businesses Should Plan Checkup and is worth taking a look at for business owners - although I would bring the business' lawyer as well as accountant for the checkup:"Accountants and tax professionals say the summer is a good time to take stock of a company and see whether it's meeting its goals and whether there's enough cash on hand for tax payments...

Indiana Law: New Mechanic's Lien Case

Posted on June 18, 2008
Give the Indiana Court of Appeals' WOODWARD v. HERITAGE CONSTRUCTION COMPANY, INC. (June 6, 2008, PDF format) a look for the following:The kind of facts regarding the timing for a mechanic's lien that will support a valid mechanic's lien. Here, the trial court specially found that Heritage ?continued to render valuable services on a sporadic basis up until July 22, 2005...

More Premier News: Owner to be Arrested

Posted on June 17, 2008
As reported by the Indianapolis Business Journal:The Marion County Prosecutor's Office today filed three felony charges against Christopher P. White, the founder of bankrupt development firm Premier Properties USA Inc.The charges include fraud on a financial institution, check fraud and theft-all Class C Felonies stemming from a $500,000 bad check that authorities say White deposited into an account with The National Bank of Indianapolis in January...

Trade Secrets - A Good Article to Read

Posted on June 16, 2008
I could not decide how to digest Musical chairs: brokers and insurers must fight to retain their clients when key employees leave. The article covers a lot of territory - some of it focused upon in my earlier posts on trade secrets. Yes, the article focuses on the insurance industry but the following points apply equally to any type of business: Companies have a variety of ways to protect themselves when employees leave and try taking business with them, said Steven A...

Bankruptcy Helping Business

Posted on June 16, 2008
With title like Entrepreneurship and the Barrier to Exit:How Does an Entrepreneur-Friendly Bankruptcy Law Affect Entrepreneurship Development at a Societal Level? it has to be written by professors and not even law professors but a pair of business professors...

Premier Properties to Be Liquidated

Posted on June 16, 2008
So I interpret Trustee working to determine Premier assets from The Indianapolis Business Journal:The auction of chairs, tables and other furniture-most of which has been stored in Premier's former offices in the Echelon building near 86th Street and Allisonville Road-will be handled by Christy's of Indiana Inc...

New Indiana Landlord-Tenant Law: Smoke Detectors

Posted on June 16, 2008
I noticed the following in Senator Lanane's legislative update:SEA 26 makes it a Class B infraction for a landlord's failure to properly install a smoke detector at the time a tenant moves into a unit or to repair an inoperative hard-wired smoke detector within seven days of receiving notice of the need for repairNot a bad thing but an infraction is the equivalent of a traffic ticket.

Online Resource for Business and Business Lawyers ? Turnaround Management Association

Posted on June 14, 2008
I understand the job of turnaround managers to be taking a viable but failing business and getting the business back on its feet. I did not know that turnaround managers had an association: Fact Sheet ? Turnaround Management Association:"The Turnaround Management Association (www...

Looking for a free credit report? AnnualCreditReport

Posted on June 13, 2008
Everyone needs to keep track of their credit reports. I think freecreditreport.com has done a great job of getting this point across (my step-kids can sign the commercial's song). I offer another site to get a free credit report: AnnualCreditReport:"This central site allows you to request a free credit file disclosure, commonly called a credit report, once every 12 months from each of the nationwide consumer credit reporting companies: Equifax, Experian and TransUnion...

Using Garden Leave for Departing Employees

Posted on June 12, 2008
I started writing about garden leave in Thoughts on Central Indiana Podiatry, Non-Competes, Garden Leave, and Physician Employment Contracts as an alternative to non-compete agreements. I make the following conclusions about garden leave:Garden leave has a use in Indiana employment law and no apparent obstacle stands in the way of using garden leave in Indiana...

Trade Secrets - News

Posted on June 11, 2008
The song goes on as before: employees moving between competitors means litigation.Clean Technology Intellectual-Property Claims On The Rise Employees moving among these companies will cause more trade-secret lawsuits, said Bob O'Connor, co-head of Wilson Sonsini Goodrich & Rosati's clean- technology practice and a partner with the firm...

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